Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1887-11-25
THE FIRST CONTEST.

Winter to Re Over the Conformation
of the Fisheries Commi ssioners.
Washington, Nov. 22-Ihe first con.
test in the senate will be over the confir-
nation OF the fishery commissioners.
Senators Of both parties.are preparing for
this contest, the calculation being that
1t Will be one of the most interesting
that has occurred in the senate for many
years. Several republican members
have sold emphaticaliy that unless
mere partisanship she'll Intervene and
control the senator's q very severe rebuke
will be given the adminietration--iiot
only for having resorted TO the commits
Sion method OF settlement of the fisheries
troubles ia defiance of the will of con-
greBs as expressed last winter, but also
in the manner of appointing the COM
missionere. A prominent northern
senator suggested the probability that
the president would forestall hostile ac-
tion in the senate by refraining from
charscssriEing his appolntees on the
! commission ss Commissioners but in.
stead may design testhem as his 'aeents''
or as "negotiatogs," as Secretary BAyerd
has spoken of them. "But,' said the
senator, "shat would be mere quibble.
They are commissioners it anything" /"
Secretary Bayard thinks that the
president without the previous consent
OF the senate has the power to negotiate
any treaty, and in the negotiations he
may employ such persons as he thinks
advisable, and he may pay the special
commissioners and other expenses moi
dental to the negotiation from contin
| aency fund which is at the presidents
| disposal, or he may appoint competent
persons who would be willing to serve
| the president, and rely upon the further
| action Of congress to compensate them
The fund to which Secretary Bayard re-
| ters is known as the foreign intercourse
fund.-" an annual appropriation for the
contingent expenses of intercourse be-
tween the United States and foreign To-
tions, in pursuance of the act OF May [
1910. Two distinct Glasses of expendi
ture are authorized by this Law, The one
of public and the other OF private
| and confidential character. The prest-
dent in Office at the time OF the expendi
ture is by the law made the sole Judge
whether it shall be public or private
Such sums are TO be accounted for es-
peeially IN ell instances wherein
| she expenditure thereof may in
his Judgment be made public :
Some OF The leading SENATOR
are prepared TO raise with reference t,
the recent appointment of fishery com
missioners questions 60 those which
grew out OF certain acts by President
Madison and John Quincy Adams
Two important cases in point In sht
form OF senate resolutions ore anon,
the matters cited by senators. In one
OF ihese instances the senate resolution
s'solemly protesting" against the com
missionipg OF Albert Gallatin, job,
Quincy Adams aud James A, Bayard
tthe grandfather OF the presoIt seoretar
OF the stste)to negotiate treaty will
Great Britain, which wss afterwsrd
known as tho treaty of Ghent, as On &C
authorized by the constitution end il
the performance Of which the power G
the senate hes been disregarded.1 Th
reason for this protest was that th
offices to whom these gentlemen ha
been com missioned in the recess OF th
senate were "offioes not before full,
and to fill which the "adyioe and COR
sent OF the senate" had not been given
Therefore they did not com
| within the provision OF the constitu
, tion which gives TO the presider
Of the United States 'power to fill u
any vacancies that may happen durin
the recess OF the senate by grantin
commissions, which shall expire at th
end OF their next session." The opinio
, OF the senate as expressed in resolutio
Z was that "no such vacancy can happe
in any Office not before inll." The fir
J formal conference between the Englis
, and American commissioners was hel
] to-day in the diplomatic reception roo
: at the department OF state. The sessic
9 opened ct 2 o'clock, all OF the negotii
{ tors being present, With the two secrs
< taries, Messrs Moore and Rergne, an
was extended until late in the afternoo
d The English representatives of the cor
g mission. especially MIR. hsmberlain, a
: accompanied TO this CITY by four dete
tive. A friend of Mr., Chamberlai
n states that the distinguished EnglIsl
man does not fear any violence. Neve
theless, the British minister has emplo
ed men 80 guard him. sleeping al
waking, while in the United States.
Il